TERMS OF USE

Welcome to HeroLinx™.  We appreciate your interest in HeroLinx.  The following Terms of Use (the “Agreement”) sets forth the terms and conditions under which HeroLinx makes its online information and services available on this website (www.HeroLinx.com) (the “Website”).

Before accessing HeroLinx, please read the following terms and conditions carefully, as they govern the use of all products, services, information, and other materials available.

By accessing and using Website, you agree to abide by the Terms of Service below. We have created these rules and guidelines to protect you and our other users.

ACCEPTANCE OF THESE TERMS

This Agreement contains the Terms of Use governing your access and use of our Website. These Terms of Use govern the use of the Services by you or any organization on whose behalf you use the Services (collectively referred to herein as you or User).

Please read these Terms of Use thoroughly. By using our Website, you accept and agree to be bound and abide by these Terms of Use and consent to our Privacy Policy, also available on Website.

By using our Website, you represent and warrant that you are of legal age to form a binding contract with HeroLinx and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Website.

NOT MEDICAL ADVICE

No HeroLinx information should be used as a substitute for discussions with or evaluations from qualified health care professionals. Although we seek to facilitate participation by qualified individuals in appropriate clinical research studies, the prospect of such participation should not cause you to forgo needed attention to medical issues. If you feel you have a medical condition, please discuss this with a qualified health care professional.

YOUR RIGHTS TO USE THE WEBSITE AND LIMITATIONS OF THOSE RIGHTS

Subject to your compliance with these Terms of Use, HeroLinx grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Services, subject to the limitations described in the remainder of this section and elsewhere in these Terms of Use.

You understand and acknowledge that: (a) the Services include content that is protected by copyrights, trademarks, or other intellectual property and proprietary rights (“Rights”); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Use and the applicable copyright, trademark, and other laws govern your use of such content. You shall have the burden of proving that any information, software, image, or any other content included in the Services is not protected by Rights. You acknowledge that you will not acquire any Rights by downloading or otherwise being provided such materials.

The rights granted to you in the paragraph above and elsewhere in these Terms of Use are subject to the following limitations:

You agree to use the Website only for lawful, personal, and informational purposes, and you agree that you will not use any resource made available by or for the benefit of HeroLinx in any manner that is malicious or that violates any applicable local, state, national, or the intellectual property or proprietary rights of any third party.

You will not circumvent or attempt to circumvent any security or access control technology implemented on any resource available as part of the Services, or any servers, network or associated systems or physical premises.

OWNERSHIP 

The HeroLinx resources are protected by copyright under copyright laws, and are owned or controlled by, or licensed to, HeroLinx or the party listed as the provider of the applicable HeroLinx resources. HeroLinx reserves for itself or on behalf of its licensors all rights not expressly granted by these Terms of Use.

In your use of the Website in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in Services, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials:

THIRD-PARTY CONTENT; LINKS TO OTHER SITES

Some or all of the information and other materials or programs available as part of the Website have been prepared or are being offered by third parties affiliated with HeroLinx. HeroLinx makes no warranties with regard to such information or other materials or products, nor does HeroLinx assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such programs.

The Services may include links to sites and services not provided by HeroLinx. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. We recommend that you review these third-party terms prior to your use of such sites and services.

HeroLinx is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through or advertised on such sites or services, or their privacy or other practices.

PRIVACY AND SECURITY

We respect your right to privacy.  We will use any personally identifiable information collected through the Website in accordance with the HeroLinx Privacy Policy. Please read the HeroLinx Privacy Policy before using any of the Website.

While we have implemented measures designed to protect against the unauthorized access, interception, loss, misuse and or alteration of the information under our control, we do not guarantee that events of unauthorized access, interception, loss, misuse and or alteration of the information under our control will not occur. In the event of any unauthorized access, interception or other misuse, we will not be responsible for such unauthorized access, interception or misuse, or any direct, indirect, special, incidental, consequential or other damages (including lost profits) suffered by you, even if we have previously been advised of the possibility of such damages. We do not warrant, either expressly or impliedly, that the information provided by any user will be free from unauthorized access, interception or misuse.

TERMINATION

HeroLinx reserves the right, in its sole discretion, to immediately modify, suspend or terminate services and/or your access to some or all of them without cause and without notice. 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

YOUR USE OF ANY SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEROLINX DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF USE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY) TO THE FULLEST EXTENT PERMITTED BY LAW. HEROLINX MAKES NO WARRANTY THAT HEROLINX SITES WILL MEET YOUR REQUIREMENTS, OR THAT HEROLINX SITES WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE SERVICES. HEROLINX IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. HEROLINX ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

LIMITATION OF LIABILITY

HEROLINX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HEROLINX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, HeroLinx liability is limited to the extent permitted by law, thereby minimizing HeroLinx liability to you to the lowest amount permitted by applicable law.

INDEMNIFICATION

You agree to indemnify and hold each of HeroLinx, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content included in the Services, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of the Website.

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws provisions. Any action to enforce these Terms of Use will be brought in the federal or state courts in and for the Commonwealth of Pennsylvania, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction and venue of such courts.

CLASS ACTION WAIVER

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). The parties expressly waive any ability to maintain any Class Action in any forum. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action Waiver is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.  

WAIVER AND SEVERABILITY

No waiver of by HeroLinx of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HeroLinx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

CONTACT

Any questions regarding HeroLinx Website and any requests for additional information concerning HeroLinx and its products and services may be directed to HeroLinx at info@herolinx.com.